HIV trouble

4Dharma

Registered Users (C)
All,
Need help and advice urgently....In preperation for filing I 485 we got the HIV test done and my spouse tested positive (she is a surgeon). Can anyone suggest a lawyer who can do a waiver for me, will we be able to adjust status? can you suggest a lawyer who does such cases... I can take any help my life just turned upside down.....
Please help
 
Talk to Rajiv Khanna. His contact details are given at the top right side of all the web pages in this site. You can also send an Email to him.
 
Sorry to hear about HIV. You need to take care of that.

I was not aware HIV was a part of the immigration medical test. I don't think I did that. Others can comment too.

Best wishes.
 
Originally posted by 4Dharma
All,
Need help and advice urgently....In preperation for filing I 485 we got the HIV test done and my spouse tested positive (she is a surgeon). Can anyone suggest a lawyer who can do a waiver for me, will we be able to adjust status? can you suggest a lawyer who does such cases... I can take any help my life just turned upside down.....
Please help

4Dharma,

Do a "Google search" on HIV, immigration, waiver...One result is posted:

http://www.sfaf.org/policy/immigration/part2-2.html

The laws governing this and the so called "public charge" are from 1993 and 1995 memos..
Talk to a lawyer.
Do not panic. HIV today is treatable..Keep the faith.

Hoe did you come to know the result? as the doctor's report to US CIS is sealed and confidential? Did you apply the I-485 anyway? Maybe you will need a second one..
Good luck.
 
Re: Re: HIV trouble

Originally posted by cinta
4Dharma,

Do a "Google search" on HIV, immigration, waiver...One result is posted:

http://www.sfaf.org/policy/immigration/part2-2.html

The laws governing this and the so called "public charge" are from 1993 and 1995 memos..
Talk to a lawyer.
Do not panic. HIV today is treatable..Keep the faith.

Hoe did you come to know the result? as the doctor's report to US CIS is sealed and confidential? Did you apply the I-485 anyway? Maybe you will need a second one..
Good luck.

Cinta, please do not post wrong information, as stated this person's wife is a doctor and as far as I know there is NO cure for HIV, the only keyword is CONTROL, one can delay the infection but cannot cure it completely.

To the person who posted this post, I am pretty sure you are aware of this but you should take care of yourself too and take proper measures to safeguarad against possibility of infection.

Good luck and stay strong, and your wife too should have a positive aspect to this.

Cinta I think probably the doctors office must have informed this gentleman as it is wriiten on the waiver form that if they detect lfe threatening disease they will inform the person.
 
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I have heard about similar cases. What you need to prove is that you have insurance and means for treatment and are not applying for GC just to get the treatment. I think the employer has a major role to play as he is to make the statement that their insurance plan covers treatment and has to give details of how the plan works with existing diseases, CORBA etc.
Hope this helps.
 
Originally posted by gambler
I have heard about similar cases. What you need to prove is that you have insurance and means for treatment and are not applying for GC just to get the treatment. I think the employer has a major role to play as he is to make the statement that their insurance plan covers treatment and has to give details of how the plan works with existing diseases, CORBA etc.
Hope this helps.


All these are covered in the link I provided with detail.
 
Re: Re: Re: HIV trouble

Originally posted by forum123
Cinta, please do not post wrong information, as stated this person's wife is a doctor and as far as I know there is NO cure for HIV, the only keyword is CONTROL, one can delay the infection but cannot cure it completely.

To the person who posted this post, I am pretty sure you are aware of this but you should take care of yourself too and take proper measures to safeguarad against possibility of infection.

Good luck and stay strong, and your wife too should have a positive aspect to this.

Cinta I think probably the doctors office must have informed this gentleman as it is wriiten on the waiver form that if they detect lfe threatening disease they will inform the person.


I did not provide any WRONG information. You should be answering the guy intead of me..

TREATABLE in medical terms means exactly that. Magic Johnson is still alive and well.
 
IS SHE REALY POSITITIVE FOR THE TEST,I.E DOES SHE HAVE HIV OR IT COULD BE A FALSE ONE I RECCOMMEND TO REDO TEST IN DEFFIRENT LAP AND ANONTHER DR BEFOR SUBMIT ANY CERTIFICATE.I KNOW AMAN DIAGNOSES WITH CANCER THEN BY REDO TEST HE HAD ASEVERE BACTARIA.TAKE CARE AND IF AGAIN RESULT IS POSITIVE WORK FOR Y WIFE,S LIFE BUT NOT GREEN CARD HANI
 
Please contact and take help of 'Bill Clinton (former president)' foundation. His foundation is helping HIV victims..search contact detail in google..They will help you in immigration metters in such case.

Good luck!!

Originally posted by 4Dharma
All,
Need help and advice urgently....In preperation for filing I 485 we got the HIV test done and my spouse tested positive (she is a surgeon). Can anyone suggest a lawyer who can do a waiver for me, will we be able to adjust status? can you suggest a lawyer who does such cases... I can take any help my life just turned upside down.....
Please help
 
Before panicking...get it confirmed

The screening is done by ELISA and confirmation is done by western blot.
Although ELISA is 99% sensitive, there is a chance for error. Also in some cases the elisa is false positive like in some disease conditions. Get that checked out.
This is an inherent risk for surgeons and also in the medical profession.
Most important contatc a good lawyer.
 
Re: Re: Re: Re: HIV trouble

Originally posted by cinta
I did not provide any WRONG information. You should be answering the guy intead of me..

TREATABLE in medical terms means exactly that. Magic Johnson is still alive and well.

Pardon me, I am not a specialist but do follow lot of News, Magic Johnson is alive because is he is CONTOLLING his HIV, where did you read the news that he is COMPLETELY CURED, I believe he is NOT.

People with HIV can survive for many years if taking proper medication but that does not mean they are cured and they can very well cause the infection to spread if they are not careful which they should.

I am not making any statement but everyone knows that Sex is not the only thing which causes HIV, recently there was report about India that thousands of people got affected with HIV from infected syringes and blood.
 
Hoe did you come to know the result? as the doctor's report to US CIS is sealed and confidential?

The doctor's office usually gives a copy of the medical report to the applicant. At least my doctor did.
 
Sorry to hear this.

First reconfirm two or three times.
Second there may be chance for results mix.
Third the test result might be wrong.
Fourth your wife can answer best, as she is a doctor.
 
Re: Re: Re: Re: Re: HIV trouble

Originally posted by forum123
Pardon me, I am not a specialist but do follow lot of News, Magic Johnson is alive because is he is CONTOLLING his HIV, where did you read the news that he is COMPLETELY CURED, I believe he is NOT.

People with HIV can survive for many years if taking proper medication but that does not mean they are cured and they can very well cause the infection to spread if they are not careful which they should.

I am not making any statement but everyone knows that Sex is not the only thing which causes HIV, recently there was report about India that thousands of people got affected with HIV from infected syringes and blood.


It does not look like you want to get it:

TREATING OR CONTROLLING or whatever you want to call it is up to you. The COMMON COLD has no cure either, so you treat it with medication. Got it now?? I have doctors in my family who treated AIDS and HIV for years. Nobody is talking about CURE. This is an immigration forum not a medical forum.
What was provided to the guy was a link to start the education process wrt the immigration laws and HIV. I said he is alive and well, NOT CURED! Two different things. The transmission and the India/Aids problem belong to somewhere else, some other medical forum. What the fellow asked was the IMMIGRATION impacts. The ifs, what and whys can be found in a lot of more reliable sources with true medical information.

For TREATABLE see link below:

http://www.aegis.com/news/re/1996/RE960743.html

Reasearchers say AIDS is now a treatable disease
 
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MY HIV Experience

I used to work as a lab tech in small lab. One of the tests i used to do are the HIV test for Hispanics for Immigration purposes!!!!!!!

I also applied to the Canadian immigration and part of medical tests is HIV I and HIVII tests. The doctor called me and told me that I have HIV II antibodies in my blood but I was negative with HIV I. The HIV II is a rare virus found in West Africa in special kind of monkies. I went to another doctor and he asked me if I were Homosexual or not. I said I am not homosexual and I never slept with a monky too :D
He was so confident that he told it is a "False positive". The tests proved he was right.
My advice to your wife is to conduct PCR test and ERESA test and confirm it with western blot. May be she have to repeat it a couple of times.

Don't worry your wife is fine.
 
Re: Re: Re: Re: Re: Re: HIV trouble

Don't mean to argue, but cinta is right, treatable doesn't mean curable.

Originally posted by cinta
It does not look like you want to get it:

TREATING OR CONTROLLING or whatever you want to call it is up to you. The COMMON COLD has no cure either, so you treat it with medication. Got it now?? I have doctors in my family who treated AIDS and HIV for years. Nobody is talking about CURE. This is an immigration forum not a medical forum.
What was provided to the guy was a link to start the education process wrt the immigration laws and HIV. I said he is alive and well, NOT CURED! Two different things. The transmission and the India/Aids problem belong to somewhere else, some other medical forum. What the fellow asked was the IMMIGRATION impacts. The ifs, what and whys can be found in a lot of more reliable sources with true medical information.

For TREATABLE see link below:

http://www.aegis.com/news/re/1996/RE960743.html

Reasearchers say AIDS is now a treatable disease
 
Folks, Thanks for all the tips and ideas.... we went and saw the infectious deseases doctor and came to know that the prognosis is good...... I engaged a lawyer who seems to have done these waivers.... the plan is to send in the waiver for my wife along with our I485 forms.... I work for a large company and have good health coverage..... some questions which bother me....
do you think this will go through.. or INS will reject hers? can they?
what will my company lawyer say when he comes to know of the facts? will they not accept the waiver, i never get a straight answer from them.....
no one should ever be faced with such fate...... in one sec our world turned upside down... simple people... hit by cruality of fate.....
 
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